108
H. Banzai
a broad interpretation of these words. Additionally, for the nuclear weapons, Article
2 of Atomic Energy Basic Act
42 provides no explicit rule to inhibit possession of
nuclear weapons, but it recognises the study, development, and use of atomic energy
only for peaceful purposes. The purpose of transferring and receiving nuclear fuel
material is also limited in Article 61 of the Act on the Regulation of Nuclear Source
Material, Nuclear Fuel Material and Reactors.
43 External aspects of transport are
regulated by the Foreign Exchange and Foreign Trade Act.
44 According to Article
48, ‘[a]ny person who intends to carry out the export of specific kinds of goods to
specified regions, which are specified by Cabinet Order as recognised to undermine
the maintenance of international peace and security, shall obtain, pursuant to the
provisions of Cabinet Order, permission from the Minister of Economy, Trade and
Industry’. This type of export is strictly controlled through the catch-all regulation.
Additionally, in the case of imports, Article 52 similarly provides that:
[f]or the purpose of achieving the sound development of foreign trade and the national
economy, sincerely fulfilling obligations under the treaties and other international agreements Japan has signed, making Japan’s contribution to international efforts for achieving
international peace, or implementing a cabinet decision set forth in Article 10, paragraph (1),
any person who intends to import goods may be obliged to obtain import approval pursuant
to the provisions of Cabinet Order.
Some regulations can be interpreted to specify that the transport of WMD is
prohibited; for example, in the Act on the Regulation of Nuclear Source Material,
Nuclear Fuel Material and Reactors, Ship Safety Act, Civil Aeronautics Act,
45 and
Road Traffic Act.
46 For example, dangerous substances other than those in common
use not allowed to be transported without the permission of the master of the ship
and unless public notice to transport them is satisfied within the criteria of the Ship
Safety Act.
47
For enforcement in territorial seas, under the UNCLOS, it is difficult to exercise
the right of protection with prejudice to the peace, good order, and security of the
coastal state as not innocent passage in the case of the transport of WMD and its
related material by a foreign ship. Due to this current situation, a new regulation was
established in Article 3bis, paragraph 1 (b) of the Revised SUA Convention as lex
42 Atomic Energy Basic Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=2233&vm=
04&re=02 (as of 31 October, 2019).
43 Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors, at http://
www.japaneselawtranslation.go.jp/law/detail_main?re=02&vm=02&id=1941 (as of 31 October,
2019).
44 Foreign Exchange and Foreign Trade Act, at http://www.japaneselawtranslation.go.jp/law/detail_
main?vm=&id=21 (as of 31 October 2019).
45 Civil Aeronautics Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=37&vm=02&
re=02 (as of 31 October, 2019).
46 Road Traffic Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=2962&vm=04&
re=02 (as of 31 October 2019).
47 M. Nishida, “Proliferation Security Initiative (Kakusan Nitaisuru Anzen Hosho Koso),” Gaimusho
Chosa Geppo, 2007/No. 1, pp. 61–63, at https://www.mofa.go.jp/mofaj/press/pr/pub/geppo/pdfs/
07_1_2.pdf (as of 31 October, 2019) (in Japanese).
H. Banzai
a broad interpretation of these words. Additionally, for the nuclear weapons, Article
2 of Atomic Energy Basic Act
42 provides no explicit rule to inhibit possession of
nuclear weapons, but it recognises the study, development, and use of atomic energy
only for peaceful purposes. The purpose of transferring and receiving nuclear fuel
material is also limited in Article 61 of the Act on the Regulation of Nuclear Source
Material, Nuclear Fuel Material and Reactors.
43 External aspects of transport are
regulated by the Foreign Exchange and Foreign Trade Act.
44 According to Article
48, ‘[a]ny person who intends to carry out the export of specific kinds of goods to
specified regions, which are specified by Cabinet Order as recognised to undermine
the maintenance of international peace and security, shall obtain, pursuant to the
provisions of Cabinet Order, permission from the Minister of Economy, Trade and
Industry’. This type of export is strictly controlled through the catch-all regulation.
Additionally, in the case of imports, Article 52 similarly provides that:
[f]or the purpose of achieving the sound development of foreign trade and the national
economy, sincerely fulfilling obligations under the treaties and other international agreements Japan has signed, making Japan’s contribution to international efforts for achieving
international peace, or implementing a cabinet decision set forth in Article 10, paragraph (1),
any person who intends to import goods may be obliged to obtain import approval pursuant
to the provisions of Cabinet Order.
Some regulations can be interpreted to specify that the transport of WMD is
prohibited; for example, in the Act on the Regulation of Nuclear Source Material,
Nuclear Fuel Material and Reactors, Ship Safety Act, Civil Aeronautics Act,
45 and
Road Traffic Act.
46 For example, dangerous substances other than those in common
use not allowed to be transported without the permission of the master of the ship
and unless public notice to transport them is satisfied within the criteria of the Ship
Safety Act.
47
For enforcement in territorial seas, under the UNCLOS, it is difficult to exercise
the right of protection with prejudice to the peace, good order, and security of the
coastal state as not innocent passage in the case of the transport of WMD and its
related material by a foreign ship. Due to this current situation, a new regulation was
established in Article 3bis, paragraph 1 (b) of the Revised SUA Convention as lex
42 Atomic Energy Basic Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=2233&vm=
04&re=02 (as of 31 October, 2019).
43 Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors, at http://
www.japaneselawtranslation.go.jp/law/detail_main?re=02&vm=02&id=1941 (as of 31 October,
2019).
44 Foreign Exchange and Foreign Trade Act, at http://www.japaneselawtranslation.go.jp/law/detail_
main?vm=&id=21 (as of 31 October 2019).
45 Civil Aeronautics Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=37&vm=02&
re=02 (as of 31 October, 2019).
46 Road Traffic Act, at http://www.japaneselawtranslation.go.jp/law/detail/?id=2962&vm=04&
re=02 (as of 31 October 2019).
47 M. Nishida, “Proliferation Security Initiative (Kakusan Nitaisuru Anzen Hosho Koso),” Gaimusho
Chosa Geppo, 2007/No. 1, pp. 61–63, at https://www.mofa.go.jp/mofaj/press/pr/pub/geppo/pdfs/
07_1_2.pdf (as of 31 October, 2019) (in Japanese).